TERMS AND CONDITIONS&PRIVACY POLICY

Terms & Conditions

Legal Notice and Terms and Conditions

The following Terms and Conditions govern your use of this website (the”Website”) and the materials accessible on or from the website. The Website is provided as a service to customers of Smile Brands and may be used for informational purposes only. By accessing or browsing the Website, or by downloading any materials from the Website, you agree to be bound by the Terms and Conditions set forth below:
Copyright. The information on the Website, including, without limitation, all design, text, images, press releases, and other information, is protected under United States and other copyright laws and is owned by Smile Brands or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in party in any manner without Smile Brands prior written consent, except for your own personal and noncommercial use, provided any copies include the copyright and other notice displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Smile Brands. Smile Brands neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Smile Brands. Any unauthorized use of any materials on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are advised that Smile Brands will aggressively enforce its intellectual property rights on the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.

Trademarks. The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are trademarks of Smile Brands and its affiliates. Nothing contained on the Website should be construed as granting any license or right to use any of the Trademarks without the written permission of Smile Brands. Unauthorized use of any of the Trademarks is strictly prohibited.

Linking. Notwithstanding the foregoing paragraphs, your are granted a limited, nonexclusive right to create a hyperlink to the Website provided (i) you do not remove or obscure the copyright notice or other notices on the Website, (ii) such link does not portray Smile Brands or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, (iii) you give Smile Brands notice of such link by calling 714-428-1248 and sending an e-mail from our home page, and (iv) you immediately discontinue providing a link to the Website if so requested by Smile Brands or its affiliates. You may not use a Smile Brands logo or other proprietary graphic or trademark of Smile Brands to link to the Website without the express written permission of Smile Brands. Smile Brands reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.

Disclaimer and Limitation of Liability

This website has been prepared for the purpose of providing information about Smile Brands and its affiliates and the goods and services they provide. This website is also intended to provide certain services to the customers of Smile Brands. The information contained on this website has been compiled and provided by Smile Brands in good faith.

However, smile brands makes no guaranty, representation or warranty about the completeness, correctness, reliability or accuracy of the information contained herein. This website, including all information, services, products and materials contained herein, is provided “as is” and without any guaranty, representation or warranty of any kind, either expressed or implied. Smile brands hereby disclaims, to the fullest extent allowed under applicable law, all guaranties, representations and warranties, express or implied, regarding this website and its contents and operation and the information, services, products and materials provided herein, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. Smile brands does not warrant that the functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this site or the server on which this site is located are free, or will be free, of viruses or other harmful components.

In no event (except as otherwise required by applicable law) shall smile brands or its affiliates, suppliers or vendors be liable for any special, incidental, direct, indirect, consequential, punitive or any other damages of any kind arising from the use of this website or for any goods or services obtained on this website, even if smile brands has been advised or otherwise knows of the possibility of such damages.

The inclusion in this website of any links to websites maintained and operated by third parties is for the user’s convenience only and does not imply any endorsement of the material on those websites. smile brands is not responsible for the content and performance of those websites, for your use of them or for any transactions you may conduct with them.

No Medical Advice

The information contained on this website is for informational purposes only and should not be used to diagnose health problems or to prescribe any medication, medical devices or other remedies. The information on this website may be presented in conclusory, shorthand or summary form and is not intended to supplant medical advice provided by your own physician or other healthcare provider or any information included by the manufacturer with or on any product.

You should always consult a physician or other healthcare provider of your own choice and carefully read all packaging and other information provided by the manufacturer of any medical products or devices before using them.

Privacy Issues

Smile Brands recognizes your right to confidentiality and is committed to protecting your privacy. We will not provide any identifiable personal information to any third party, unless authorized by you or legally required to do so. We will not release any information in connection with any patient identification other than to the patient, the patient’s authorized representative, the patient’s insurer or other payor, the prescribing or authorized practitioner caring for the patient or as otherwise directed by the patient or as required by law or as needed to provide necessary and appropriate service to the patient. We may share or release non-personal, summary, or aggregate customer data. (see Smile Brands Privacy Policy for additional information and restrictions.)

Linked Websites. The Website may contain links to other websites. Such links are meant solely for the user’s convenience. Smile Brands has no control over, and is not responsible for the content found on external websites. Links to such third party websites do not constitute sponsorship, endorsement or approval of such websites or the contents thereof. Accordingly, Smile Brands does no make any representations concerning the privacy practices or terms of use of such websites, nor does Smile Brands control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials available on such websites. If you decide to access any of the third party websites linked to the Website, you do this entirely at you own risk.

Governing Law and Jurisdiction. The laws of the State of California (exclusive of its choice of law principles) will apply to all matters relating the use of the Website. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to submit to the exclusive personal jurisdiction and venue of the Courts of Orange County in California and to the United States District Court for the Central District of California, to the exclusion of all other venues and jurisdictions, for any and all causes of action which may arise from the use of the Website.

Violations; Changes. Smile Brands reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Website. Smile Brands may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

PRIVACY POLICY

We at Smile Brands are dedicated to protecting your personal information and we pledge to keep it confidential and secure, in accordance with your decisions.

We are rapidly developing our service to meet your needs, and therefore Smile Brands reserves the right to modify this policy without advance notice. Currently this Online Privacy Policy applies to all users of SmileBrands.com, brightnow.com, monarchdental.com, castledental.com and newportdental.com.

Our Privacy Pledge

Our privacy pledge to you is this: we will not share any private information that personally identifies you (“personal information”) with any third party, unless we have your consent.

The only exceptions to this pledge are that we reserve the right to disclose personal information to protect our rights or property, to enforce our Terms of Use Agreement, or as required by operation of law or the request of government regulators or other law enforcement officials and the courts (including the issuance of a valid subpoena). We shall have no duty to notify you of such compliance with the law.

What information do we collect and how can you access it?

Smile Brands learns certain information about you from your visit to smilebrands.com and what we do with this information depends on what you do when you are visiting the site. This policy explains the uses we currently make of this information. This policy lets you know what choices, access and security you have with respect to information Smile Brands Inc. collects.

Unless you register and create a profile, send us an e-mail, or use chat rooms and forums or other products and services that are or will be available on Smile Brand’s web site, we collect and store only the following information about you: the domain from which you accessed the Internet, the date and time you access the site, and the pages you visit most frequently. This information is not linked to a user name unless you give us one. We use the information to measure the number of visitors to various portions of our service and to help us improve our service. Our site will use cookies if you have chosen the option on your browser. Cookies help us customize and improve the site for you. You do not have to accept cookies to use the Smile Brands web site; however, if you disable cookies, our web site will not remember your customizations and cannot help you find what you want on the site most easily. If you accept cookies, you can delete them later by going to the preferences, tools or options menus of your browser.

If you do register and create a profile, create a user name and password, send us an e-mail, or use the chat rooms and forums or other products and services that will be available on Smile Brand’s web site, we will collect and store the information you enter. Obviously, what we collect depends upon what you enter. You can edit your profile by clicking Account. You can delete your profile by simply deleting all the data fields, which will cause our server to delete the information from its online form. We reserve the right to keep all information in an off-line form, for archival purposes or as otherwise required by law.

How is this information used?

If you do not consent to permit us to share your personal information with third parties, we will use that information only to track your visits to our web site, which enables us to learn more about what you, specifically, and our customers, in general, are expecting from our service.

If you do consent to allow us to share your personal information with third parties, we will only use that information according to the consent you give. We may use aggregate data (information about our base of users in general, from which all personally-identifying information has been removed) for any purpose.

Note that certain links on our web pages will take you off the Smile Brand’s site to web pages operated by third parties. Smile Brands will have no control over the information you enter or the cookies your browser accepts while on third parties’ sites. You should examine the terms of service and privacy policies of other web pages whenever you leave one of the Smile Brands Company sites.

Security

When we use personal information gathered through the Brightnow, Monarchdental or Castledental sites we will do so only subject to this Online Privacy Policy. When we share personal information with third parties, we will require the third parties to enter confidentiality obligations similar to this policy or other appropriate confidentiality obligations (including but not limited to professional duties). Smile Brands currently uses Secure Socket Layer (SSL) to encrypt and protect the transmission of users’ information and communications over the Internet.

NOTE, however, that e-mail does not provide a means for secure and private communications. If you send us an e-mail, your e-mail, like most non-encrypted Internet e-mail communications, may be accessed and viewed without your knowledge or permission while in transit to us. If you consider the information you are communicating to be confidential, please do not use e-mail. As an alternative, you may contact us by telephone at the numbers provided for various locations on our web site. If you choose to communicate confidential information to us via e-mail, by pressing the “send” button, you acknowledge that you are transmitting information to us which may be intercepted by third parties and are authorizing us to respond to you by e-mail.

Smile Brands Inc. will make reasonable efforts to use the latest security technologies to ensure that the information its users provide is secure. However, we would like to remind its users that technology is no substitute for common sense. For this reason, we strongly encourage users to keep their login names and passwords secret and to change their password when they think they have become compromised. Furthermore, we recommend that our users communicate over secure channels wherever possible, disable the automatic login features found in some browsers, and empty their browser caches regularly.

Children

When we use personal information gathered through the Brightnow, Monarchdental or Castledental sites we will do so only subject to this Online Privacy Policy. When we share personal information with third parties, we will require the third parties to enter confidentiality obligations similar to this policy or other appropriate confidentiality obligations (including but not limited to professional duties). Smile Brands currently uses Secure Socket Layer (SSL) to encrypt and protect the transmission of users’ information and communications over the Internet.

For More Information

If you would like any more information about Smile Brands Inc. or its Online Privacy Policy, please e-mail us at BNDfeedback@brightnow.com.